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MINISTRY
OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.:
80/2011/TT-BTC
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Hanoi,
June 09, 2011
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CIRCULAR
GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE
DECREE NO.14/2011/ND-CP DATED 16/02/2011 OF THE GOVERNMENT DEFINING THE
CONDITIONS FOR REGISTRATION AND OPERATION OF AGENTS OF CUSTOMS PROCEDURES
Pursuant to Law on Customs
dated 29/6/2001 and the Law amending, supplementing a number of Articles of the
Law on Customs dated 14/06/2005;
Pursuant to the Decree
No.14/2011/ND-CP dated 16/02/2011 of the Government stipulating on conditions
for registration and operation of customs procedure agent;
Pursuant to the Decree
No.118/2008/ND-CP dated November 27, 2008 of the Government providing functions,
duties, powers and organizational structure of the Ministry of Finance;
Pursuant to the Resolution
No.25/NQ-CP dated 02/6/2010 of the Government on simplifying 259 administrative
procedures under the management authority of Ministries, Departments;
The Ministry of Finance
guides some contents on conditions for registration and operation of customs
procedure agent as follows:
PART I
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Article 1.
Scope of governing, subjects of application
1. Scope of governing:
This Circular guides the
registration and operation of customs agents as prescribed in Decree
No.14/2011/ND-CP dated 16/02/2011 of the Government defining on conditions for
registration and operation of customs procedures agents.
2. Subjects of application:
a) This Circular applies to
agents of customs procedures (hereinafter referred to as the customs agents),
employees of customs agents, persons who export and import goods (hereinafter
referred to as goods owner), the customs offices during the conducting of
customs procedures and concerned organizations and individuals under the
provisions of Decree No.14/2011/ND-CP dated 16/02/2011 of the Government
defining conditions for registration and operation of the customs procedures
agents.
b) This Circular does not apply
to the cases that goods owners conduct customs procedures by their own and the
case persons who are authorized by goods owner to declare and conduct customs
procedures for each lot of exports and imports.
Article 2.
Operation of customs agents
1. When carrying out customs
procedures, customs agent (Director or person who is authorized by director
under the provisions of law) must sign agent contracts with goods owners; be
declared, signed and stamped on the customs declaration, signed the copies of
the documents of the customs dossiers and carry out the related works on the
basis of signed agent contracts with goods owner as stipulated in Article 8 of
Decree No.14/2011/ND-CP dated 16/02/2011.
2. For the customs agents that
have branches in other provinces and cities, if the representatives of branches
are authorized by Directors of the customs agents shall be declared, signed and
stamped on the customs declaration as referred to in clause 1 of this Article
provided that the branches must have its own seals and at least one (01)
employee of customs agent. Director of Customs agent is responsible before law
for such authorization.
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Article 3.
Inspection and supervision of the operation of customs agents
1. Once quarterly periodical
(second week of the first month of next quarter), the customs agent is
responsible for reporting the operation situation in the form No.01 enclosed
with this Circular submitting to the Customs Departments of provinces, cities
(hereinafter referred to as the provincial Customs Departments) where certified
the customs agent of sufficient conditions for operation.
2. Provincial Customs Department
is responsible for monitoring, inspecting, synthesizing, reporting to the
General Department of Customs (Management Supervision Department of Customs) on
the situation to conduct customs procedures of the customs agents and
proposing, recommending the issues necessary to develop the activities of
customs agents.
3. General Department of Customs
is responsible for notifying (on the website of the General Department of
Customs and in writing) the provincial Customs Departments on the case that the
Customs agent is decided by the Department of Planning and Investment not
allowing to continue to operate or insufficient conditions for activities of
customs agents, the customs agent staff are withdrawn customs agent staff
cards.
PART II
SPECIFIC INSTRUCTIONS
Article 4.
Conditions to be customs agents
1. Customs agents must meet
fully the conditions stipulated in Article 2 of Decree No.14/2011/ND-CP dated
16/02/2011.
2. Satisfying conditions of
connecting computers network with the customs offices to conduct e-customs
procedures at the provincial Customs Departments where have conducted e-customs
procedures and must ensure that: the documents of the e-customs dossiers in
compliance with data standard of the customs offices; carrying out the data
transmission to the customs offices and receiving feedback from the customs
offices according to the standard be in contact with the customs information
system.
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Staffs of customs agents must
meet fully the conditions stipulated in Article 3 of Decree No.14/2011/ND-CP
dated 16/02/2011.
Particularly, the conditions
specified at point b, clause 1, Article 3 of Decree No.14/2011/ND-CP dated
16/02/2011 on intermediate or more of the branches of economy, law, it is understood
as degree of all types of training as prescribed by law.
Article 6.
Training and issuance of certificate of customs declaration professional skill
1. Training institutions
include:
a) General Department of Customs
(Vietnam Customs);
b) Academy of Finance
(Department of Taxes - Customs);
c) College of Finance - Customs
d. The other training
institutions in the system of education and training of Vietnam.
2. Training content includes
four modules:
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b) Module 2: Professional
techniques for foreign trade (the contract of sale, delivery, transportation,
international payment, and logistic services). Study duration is at least 03
days.
c) Module 3: Professional
techniques of Customs (commodity classification, customs value, origin of
goods, intellectual property). Study duration is at least 07 days.
d) Module 4: Customs procedures
process for exports and imports (including process of traditional customs
procedures and e-customs procedures), the applicable software program in the
customs declaration professional skill (customs declaration software,
liquidity, ...). Study duration is at least 05 days.
đ) At the end of each module,
training facility must organize to examine and make a transcript for each
student (according to a score scale of 100, points satisfying the requirement
is from 50 or more) with certification of training facilities; since the time that
transcripts of modules have been granted to the time joining in the examination
for professional skill certificates of customs declaration does not exceed 18
months, if it is beyond 18 months, the students must re-study the modules
before the examination.
e) Assigning the General
Department of Customs (Vietnam Customs) to develop program, curriculum,
training materials according to the above 04 modules, to provide on website of
the General Department of Customs and guide for the training facilities to ensure
quality of training; with training plans to update professional skill of
customs declaration annually for employees of customs agents.
g) Form of training: learning
centrally at the training facilities.
3. Examination and issuance of certificates of professional skill of customs
declaration.
a) Conditions for taking part in
the examination: if learned professional skill of customs declaration with
satisfactory transcript of full 04 modules is participated in the examination
to obtain certificates of professional skill of customs declaration.
b) Registration dossier of
taking part in the examination: 01 set, including:
b1. Registration form for taking part in the examination according to Form
No.02 attached to this Circular 01 original;
b2. Transcript of 04 modules of
professional skill of customs declaration provided for in clause 2 of this
Article: 01 certified copy;
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b4. 01 stamped envelope and the
written address of the recipient for the Council of examination to notify the
exam results.
The place applying the
registration dossier for taking part in the examination is the provincial
Departments of Customs where are convenient chosen by the candidates.
c) The agency, location and time
of organizing the examination: the General Department of Customs develops the
examination regulations, establishes the Examination Council and organize
examination at the provincial Departments of Customs to facilitate the
examination participants.
The examinations can be
organized twice every year in the second quarter and fourth quarter. General
Department of Customs officially announces on the website of the General
Department of Customs, Customs press and on other means of mass media about
time, place, and other information related to examination thirty (30) days
before the exam.
d) The subjects:
d1. The first subject: Law on
Customs;
d2. The second subject:
Professional techniques of customs and professional techniques of foreign
trade;
d3. The third subject: Customs
procedures for a lot of exports and imports.
đ) Form of exam: Written exam or
oral or test or on the computer.
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g) Issuance of professional skill
certificates of customs declaration: For the students passing all three (03)
subjects, they will be granted "certificates of professional skill of
customs declaration". The provincial Departments of Customs organize to
grant certificates of professional skill of customs declaration within 15
working days after the official results. Certificates of professional skill of
customs declaration in form No.03 attached to this Circular.
4. Fees:
Those who take part in the exam
of issuing certificate of professional skill of customs declaration organized
by the provincial Departments of Customs must pay fees in accordance with
provisions of current legislation.
Article 7.
Staff card of customs agent
1. Conditions and competence to
provide staff cards of customs agents:
Employees of the enterprises to
do as customs agents meeting the conditions specified in Article 3 and not
violating the provisions of Article 4 of Decree No.14/2011/ND-CP dated
16/02/2011 shall be granted customs agent staff cards by director of customs
agent.
2. Dossiers of application for
the card: 01 set, including
a) Written request for customs
agent staff cards in the form No.04 enclosed with this Circular: a (01)
original;
b) The degrees or certificates
prescribed in clause 1, Article 3 of Decree No.14/2011/ND-CP dated 16/02/2011:
a (01) certified copy;
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d) Two (02) 3x4 cm photos (01
photo pasted in the application, 01 photo used to make the card).
3. Customs agent grants staff
cards of customs agents as prescribed in clause 1, Article 6 of Decree
No.14/2011/ND-CP dated 16/02/2011. Card of customs agent staff is in the form
No.05 enclosed with this Circular.
4. Customs agent staff card is
valid two (02) years from the date of being granted. Staffs of customs agents
can use the cards to conduct the customs procedures in all the provincial
Customs Departments under the provisions of the Customs Law, Decree
No.14/2011/ND-CP dated 16/02/2011 and the concerned legal documents.
5. After issuing the card, the
customs agent is responsible for notifying the list of customs agents employees
who are provided cards with Form No.06 together with this Circular to the
General Department of Customs to update on the website of the General
Department of Customs under the provisions in clause 3, Article 6 of Decree
No.14/2011/ND-CP dated 16/02/2011.
Dossiers providing cards of
customs agent staffs shall be kept by the customs agents as prescribed by law
on personnel management.
6. Change of the card and withdrawal
of the card:
a) Change of the card: Cards
which are lost, damaged, expired, will be reissued. Staff of customs agent has
a written request stating reasons for reinsurance of the card, full name, ID
number and a (01) 3x4 cm photo sending to the governing customs agent. Within
three (03) working days, director of customs agent (the card issuer) checks and
reissues cards in accordance with provisions of this Circular.
b) Where customs agents staffs
who are provided cards violating the provisions of clause 2, Article 14 of
Decree No.14/2011/ND-CP dated 16/02/2011 or employees of customs agents
transferred to other works or moved to other customs agents, the director of
customs agent is responsible for recovering the cards and notifies the list in
the form No.07 enclosed with this Circular to the General Department of Customs
to update on the site of the General Department of Customs.
7. For cards of customs agent
staffs provided by the General Department of Customs under the Decree
No.79/2005/ND-CP dated 16/6/2005, they shall be continued to use until
expiration. The card renewal and recovery is implemented under the guidance in
this Circular.
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1. Before their operation,
customs agents file dossier as prescribed in clause 1, Article 7 of Decree
No.14/2011/ND-CP dated 16/02/2011 and send to the provincial Customs
Departments where the customs agents locate their head offices. Written notice
in the form No. 08 enclosed with this Circular.
2. The provincial Customs
Departments receive, inspect records, check conditions of connecting network of
computers (for the provincial Customs Departments conducted e-customs
procedures) and certify as prescribed in clause 2, Article 7 of Decree
No.14/2011/ND-CP dated 16/02/2011. Written certification in the Form No. 09
enclosed with this Circular.
In case of doubt on conditions
of operation, it may directly inspect at the offices of customs agents and send
written notification to the customs agents for overcoming or supplementing the
conditions which have not yet met and then certify.
The provincial Department of
Customs sends 01 written certification to the General Department of Customs
(Management Supervision Department of Customs) to inform the customs agents
list that are sufficient conditions for operation on the website of the General
Department of Customs.
3. For the customs agents that
have branches in the provinces, cities referred to in clause 2, Article 2 of
this Circular, the governing customs agents must notify the agent activities of
their branches to the provincial Departments of Customs where their branches’
offices locate and be certified sufficient conditions for operation as directed
in clause 1, clause 2 of this Article by the agencies.
Article 9.
Support and priority for customs agents
1. Free support of customs
offices for customs agents as prescribed in clause 1, Article 12 of Decree
No.14/2011/ND-CP dated 16/02/2011:
a) Technical assistance in
networking: the customs offices assist technique in networking between the
customs agents with the customs offices. Contents of support include: supplying
software programs of e-customs declaration, installing program, connecting
computers of customs agents with computers of the customs offices, and
instructing the way to use (only support free for the first time.
Particularly for software of
management and liquidity of customs dossiers, the customs offices provide data
standards for enterprises to self-develop management software of their own or
the General Department of Customs builds software for the enterprises selects
by agreement.
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b1. Staffs of customs agents are
participated in the courses of training, update on customs procedures, customs
declaration professional skill organized by the General Department of Customs
or the provincial Departments of Customs;
b2. Customs agents are invited
to attend the training courses and seminars on customs declaration professional
skill in foreign customs organized by the General Department of Customs.
c) Support on customs
procedures: Customs Branches, the provincial Department of Customs must have
the departments to monitor and guide on customs procedures for the customs
agents upon request. Periodic monthly or quarterly, the provincial Department
of Customs organize to meet the customs agents in the management area to
discuss the customs professional skill, answer the problems on customs
procedures, update the new provisions and provide legal documents newly issued
on customs procedures, taxation, the customs value, the management policies of
exports, imports and other information related to the customs declaration
professional skill and conduct customs procedures for customs agents.
2. The priorities for customs
agents:
When carrying out customs
procedures for exports, imports, customs agents are enjoyed the priorities,
including:
a) Be prioritized customs
procedures in accordance with provisions of the Customs Law and guiding
documents of the Ministry of Finance, General Department of Customs;
b) Be prioritized to solve the
problems before the cases of customs procedures not through the customs agents.
Article 10.
Reward and handling of violations
1. For customs agents, customs
agent staffs who have achievements, the provincial Customs Departments reward
under their authorities or propose the General Department of Customs to
consider for reward.
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a) In case the proposal to
terminate operation of customs agents of customs agents:
The provincial Customs
Departments where monitor activities of customs agents may request in writing
the Department of Planning and Investment of provinces, cities to decide the
termination of the operation of customs agents as prescribed at point a, clause
1, Article 14 of Decree No.14/2011/ND-CP dated 16/02/2011. After the Department
of Planning and Investment of provinces and cities has decided, then the
provincial Customs Department report to the General Department of Customs for
updating on the website of the General Department of Customs.
b) Where the temporary
suspension of agent operations of customs agents:
The provincial Customs Departments where monitor activities of customs agents
issue the decision to suspend temporarily operations for customs agents as
prescribed at point b, clause 1, Article 14 of Decree No.14/2011/ND-CP dated
16/02/2011 under Form No.10 together with this Circular and report to the
General Department of Customs to update on the website of the General
Department of Customs.
Article 11.
Organization of implementation
1. This Circular takes effect
from 24/07/2011 and replaces the Circular No.73/2005/TT-BTC dated 05/9/2005 of
the Ministry of Finance guiding the implementation of some Articles of Decree
No.79/2005/ND-CP dated 16/06/2005 of the Government defining on conditions for
registration and operation of the customs procedures agents.
2. General Director of General
Department of Customs is responsible for organizing, implementing the
registration and operation of customs agents as prescribed in Decree
No.14/2011/ND-CP dated 16/02/2011 and this Circular./.
FOR
THE MINISTER
DEPUTY MINISTER
Do Hoang Anh Tuan
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